Cr. Revision No. 127 of 2016. Case: Brij Lal Thakur Vs Puran Chand. Himachal Pradesh High Court
| Case Number | Cr. Revision No. 127 of 2016 |
| Counsel | For Appellant: Mr.C.S.Thakur, Advocate and For Respondents: Mr.P.S.Goverdhan, Advocate |
| Judges | Mr. Sandeep Sharma, J |
| Issue | Code of Criminal Procedure - Section 397; Negotiable Instruments Act - Section 138 |
| Judgement Date | Monday April 17, 2017 |
| Court | Himachal Pradesh High Court |
Judgment:
Sandeep Sharma, Judge (oral)
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Present Criminal Revision Petition filed under Section 397 of the Code of Criminal Procedure, is directed against the judgment dated 4.5.2016, passed by learned Sessions Judge, Solan, District Solan, H.P, in Criminal Appeal No. 18-S/10 of 2015, affirming the judgment of conviction and sentence dated 15.5.2015, passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P., in complaint No. 40/3 of 2012, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for six months and to pay compensation amounting to Rs.4,50,000/- alongwith 9% simple interest per annum.
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Briefly stated facts, as emerged from the record are that the respondent(hereinafter referred to as the complainant), filed complaint under Section 138 of the Negotiable Instruments Act(hereinafter referred to as the Act), before the learned Additional Chief Judicial Magistrate Kasauli, District Solan, H.P., alleging therein that in the month of November, 2011, accused requested him to advance loan of Rs.4,50,000/-in order to clear bank liability. Accordingly, complainant advanced a sum of Rs. 4, 50,000/- to the accused in the month of November, 2011. Complainant...
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